Barclays Masterloan Default

[helpingfriend]

I've noticed on my Experian report that I have a default for a Barclays Masterloan.

 

I think this is an old loan that I've been making reduced monthly payments to Wescot for. I have always made the monthly payments over the past 6/7 years and yet notice that the default date is 16/12/2008.

 

I've already sent a CCA to Westcot and awaiting their reply.

 

1) Are they right on updating the default date to recently or should this be the original default date?

 

2)Should I have received a copy of the recent Default Notice? I know I haven't received one.

 

What do I need to do next? Ask for a copy of the default notice? Send a SAR to Barclays? Ask Experian for more information? Or something else?

 

I would be grateful for any help

[slick132]

Hi Helpingfriend and welcome to CAG.

 

I'll move this into the Data Protection and Default Issues forum where you should get the help you need.

 

[helpingfriend]

Thank you, I wasn't sure where to put it

[slick132]

Also, read threads in this forum and you'll pick up loads of useful info.

 

[helpingfriend]

Westcot said they didn’t have information about the agreement and will return the account to Barclays.

 

I sent a SAR in September and its past the 40 days now. They have only sent me some copy statements. There is nothing in there at all with regards to this account.

 

I can write back to them and tell them what is missing but should I also be going down the CPR route to see if they have an agreement?

[slick132]

Hi HF,

 

Glad to see Westcott scuttling away !!

 

Have you rec'd copy statements for the last 6 years. Are there any penalty charges to reclaim.

 

If you think the SAR is incomplete, write back and tell Barclays what else you expect to receive.

 

Also, see items 18, 19 and 20 in the Bank Templates Library, about SAR non-compliance.

 

Drop Barclays a line saying you understand Westcott are not able to provide the credit agreement and you therefore now expect Barclays to provide. They are the original creditor and must respond to the CCA request as if it was addressed to them.

 

Barclays may provide the agreement because of the type of a/c this is. But if they don't, read here about a possible alternative to taking CPR 31.16 action - http://www.consumeractiongroup.co.uk/forum/barclaycard/231901-tony3x-barclaycard.html

[helpingfriend]

I told them what was missing in the SAR and have now received a letter that includes transactional data and says that a copy of the original facility letter is not available.

 

Is there a specific letter I need to write back with re not having an agreement and removing the default?

 

Also, this default resulted in having to pay a higher amount for mortgage and credit cards, is there anything I can go back to them regards this?

 

Thanks

[slick132]

a copy of the original facility letter is not available.

Is this exactly what they said. If not, please confirm their wording.

[helpingfriend]

Hi,

 

Yes, this is the exact wording that ends the letter. I've attached the complete letter so that you can see all that it says.

 

Thanks

[helpingfriend]

Sorry the attachment is a bit small, I'll try again

Edited January 26, 2010 by helpingfriend

[slick132]

If this is their reply to your SAR, it's unusual for them to supply a copy of the loan agreement to it.

 

I wonder if Westcott passed your CCA request onto them. Was the £1 CCA request fee taken or encashed.

[helpingfriend]

I think Westcot said they would be passing the request on to them but I didn't hear any more.

 

They did retain the £1 postal order but I don't know if they cashed it as I didn't know back then that I needed to keep the number to check if it has been cashed.

 

Any ideas what I do now?

[slick132]

Write to Barclays saying you understand there is no copy of the facility letter and does this mean they have no credit agreement for this a/c.

 

If so, would they please confirm this so you can consider your position about the adverse credit data which they have caused to be passed to the CRA's.

 

In the meantime, read up about a s10 Notice.This example refers to bank accounts and was drafted before the OFT test case was resolved (lost). However, I think it could be adapted to relate to your a/c if they have no credit agreement for it. http://www.consumerforums.com/resources/templates-library/48-bank-templates/234-s10-data-protection-act-notice-if-you-have-been-defaulted-for-unlawful-penalties-

[helpingfriend]

Thank you, I'll get that done

[helpingfriend]

Write to Barclays saying you understand there is no copy of the facility letter and does this mean they have no credit agreement for this a/c.

 

If so, would they please confirm this so you can consider your position about the adverse credit data which they have caused to be passed to the CRA's.

 

 

Their reply says there is little they can add to their previous letter and they have fulfilled their obligations under the data protection act by supplying the transactional info. If I want to enter into further dialogue, they have given me a different address to write to.

 

So a couple of questions:

 

Are they right in that they have fulfilled their obligations and do I write back?

 

Shall I forward copies of all the letters to the new address they have given me?

 

Is there anything else I can do?

 

Thanks

[slick132]

Can you confirm the who they suggest you write to and the address.

 

[helpingfriend]

Can you confirm the who they suggest you write to and the address.

 

 

Yes, its:

 

Barclays Bank plc

Complex Loan Servicing

23 Quay Street

Manchester

[slick132]

I guess you should now make your complaint to the above address enclosing copies of relevant letters.

 

Complain about the recent default and suggest it is removed in view of the fact that no loan agreement is available.

 

See how they respond, then take it from there.